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Bendigo’s legal precinct

www.victorialaw foundation. org.au

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A guide to the institutions that make up Bendigo’s legal precinct.

Find out about Bendigo’s fascinating contribution to Victorian and Australian legal history, from the gold rush to Federation.

Get information on the free and low cost legal services available to people living and working in Bendigo.

Please note that some buildings are private property or restrict the numbers of visitors and areas that you may visit. Members of the public can attend court hearings, except in very rare circumstances; however, be aware that all courts have security screening arrangements and do not allow photography inside the building. The Law Institute of Victoria can arrange court tours for schools. Please telephone 9607 9468 for more information.

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Historic buildings and sites

Former Police BarracksGaol Road, Bendigo

In the early days on the Bendigo goldfields, police camped in timber-framed tents. These were replaced by a slab building and then, in 1860, by the purpose-built two-storey sandstone barracks we see today. From 1853 until 1871, Police Magistrate Lachlan MacLachlan (‘Bendigo Mac’) (see page 7) used the barracks as the goldfields’ first law courts. They were used by the police until the 1920s. In the 1960s the Education Department took over the building.

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Historic buildings and sitescontinued...

Former Supreme CourtGaol Road, Bendigo

The former Supreme Court building on Camp Hill was built in 1857–58. The architect Samuel White designed the building in an Italianate style for the Public Works Department. The building is significant because it meant Bendigo was considered large and important enough to need its own Supreme Court building. In 1895 it was replaced by the Bendigo Law Courts (built 1892–96) (see page 5). The Supreme Court building now forms part of the Bendigo Senior Secondary College, and has been used by the Education Department since 1907.

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Originally built in 1861–64 as Sandhurst Gaol, the old Bendigo Gaol was used as a prison until January 2006. Harcourt granite was used to construct the gateways and original cell wings. The design is modelled on the panopticon prison model of English philosopher and social reformer Jeremy Bentham (1748–1832). The design includes a central hall from which cells radiate out, allowing guards to watch over the whole prison. Three prisoners were hung and buried in the grounds between 1885 and 1897. During World War II it was used as a military detention centre.

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Former Government CampRosalind Park, Bendigo

In 1852 the former Government Camp (present day Rosalind Park) became the administrative centre of the Bendigo goldfields. The Gold Commissioner’s office, the Police Barracks and the Supreme Court were all located here. In August 1853 an estimated 10,000 diggers marched on Camp Hill to protest at the mining licence fee and its heavy-handed enforcement by the troopers. This became known as the Red Ribbon Rebellion, as miners wore red ribbons as a symbol of their solidarity. The rebellion came after the miners’ protest in Forest Creek in 1851 known as the ‘monster meeting’, and before the Eureka Rebellion in 1854. The red ribbon is now reflected in the logo of the Loddon Campaspe Community Legal Centre (see page 17).

Trades Hall34–40 View Street, Bendigo

The low-paid and dangerous working conditions on the goldfields inspired support for the labour movement. Workers’ organisations joined together in 1885 to form the Bendigo Trades and Labour Council. The council met in a former mine warden’s court. Over the years, this building has been partially knocked down and added to several times, making it very different to its original form.

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06Bendigo Law Courts77–85 Pall Mall, Bendigo

The Bendigo Law Courts house the Supreme Court, the County Court, the Magistrates’ Court, the Children’s Court, the Federal Magistrates’ Court and the Victorian Civil and Administrative Tribunal (see pages 9–12). This imposing, two-storey, slate-roofed building was designed by GW Watson and built in 1892–96. It is a good example of the confident boom-era architecture of the period and its massive central stone staircase is regarded as one of the finest in Victoria. Before this building, the former Police Barracks served as the courts. Before that, a tent, where the magistrate was known to sit on a whisky keg, served as the local court.

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Sir John Quick (1852–1932) John Quick arrived on the Bendigo goldfields in 1854 with his parents, who had travelled from Cornwall, England, in search of a better life. His father soon died of fever and John Quick left school at 10. He worked manual jobs until he became a journalist with the Bendigo Independent and then the Bendigo Advertiser. In 1877 he graduated with a law degree and in 1880 was elected to the Legislative Assembly. In 1892 he became a partner in Barkly Hyett’s legal practice, which continues today as Robertson Hyetts Solicitors. He was a key supporter of Federation and a Bendigo delegate to the 1893 Corowa conference which formalised the popular movement for Federation. He later became a member of the convention which drafted the Commonwealth Constitution between 1897 and 1898. He was knighted in 1901 for his contribution to Federation. He was the first federal member for Bendigo and held this seat until 1913. His bronze bust (above) is located in Rosalind Park.

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Historic people

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Lachlan MacLachlan (1810–1885)Lachlan MacLachlan, who was born in Scotland and arrived in Australia in 1841, was notorious on the Bendigo goldfields as ‘Bendigo Mac’, the Police Magistrate. In the days before identikits or mug shots, Bendigo Mac was notorious for remembering the faces of criminals who appeared before him a second time in court. He had a reputation for being severe as he tried to restore order on the unruly goldfields, but he was also admired for opposing Governor Hotham’s plan to collect mining licence fees at bayonet point. He is credited with helping to prevent riots like those that erupted in Ballarat. One hot Sunday morning he released all prisoners held in the suffocating steel lock-up. When he retired, the grateful people of Bendigo presented him with a purse of 700 sovereigns.

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Captain John Lysaght (1814–1864)Captain John Lysaght was a Bendigo barrister. He received the title ‘captain’ for being leader of the Sandhurst Volunteer Rifle Corps. He fearlessly advocated for the Bendigo Chinese community. While he was extremely popular with the Chinese, many Europeans hated him for this. In gratitude, the Chinese community presented Lysaght and his wife with jewellery, and the wall around his private residence (57–59 Forest Street, Bendigo) was constructed in 1860 from bricks fired in the A’Fok, Fok Sin and Co brick making kiln in Thunder Street. Rejected by his community, Lysaght committed suicide in 1864, aged 49.

Fook Shing Fook Shing was a headman of the Bendigo Chinese community and until his retirement in 1886 he was Victoria’s longest serving detective. He helped in the hunt for Ned Kelly when the Chinese community of Beechworth was suspected of harbouring Kelly. Documents, such as statements Fook Shing took from Chinese miners when investigating crimes, give historians a glimpse into the life of the Chinese on the goldfields.

Historic peoplecontinued...

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Courts and tribunals

The Supreme and County courts are based in Melbourne, but travel ‘on circuit’, which means they conduct hearings in locations across Victoria, including Bendigo. The High Court of Australia, the Federal Court of Australia and the Family Court of Australia do not sit in Bendigo. In Victoria, these federal courts sit in the Commonwealth Law Courts building, 305 William Street, Melbourne.All of the courts and tribunals below sit in the Bendigo Law Courts when they are on circuit in Bendigo.

Supreme Court of VictoriaBendigo Law Courts, Pall MallThe Supreme Court of Victoria was established in January 1852. Bendigo’s original Supreme Court building is located on Gaol Road, above Rosalind Park (see page 2). The Supreme Court held its first hearings in the ornate courtroom on the first floor of the Pall Mall building in 1895. The Supreme Court is the highest court in Victoria. It is divided into the Trial Division and the Court of Appeal.Trial DivisionThe Trial Division of the Supreme Court is made up of the Chief Justice and about 25 other judges. The cases it hears include serious criminal cases (such as murder and treason), large civil cases, and appeals from lower courts and tribunals.Court of AppealThe Court of Appeal consists of the Chief Justice, the President and the Judges of Appeal. It hears appeals from criminal and civil cases originally heard in the Supreme Court, the County Court, and Victorian tribunals. www.supremecourt.vic.gov.au

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Courts and tribunalscontinued...

County Court of VictoriaBendigo Law Courts, Pall Mall The County Court of Victoria was established in 1852. This is the busiest jury trial court in Victoria, hearing most criminal trials and many civil cases (such as personal injury compensation cases) as well as appeals from the Magistrates’ Court.www.countycourt.vic.gov.au

Magistrates’ Court of VictoriaBendigo Law Courts, Pall Mall The Magistrates’ Court deals with many different criminal cases (such as theft, burglary or drink driving), and also holds committal hearings, where the magistrate decides whether there is enough evidence for more serious (indictable) criminal charges to be tried in the Supreme or the County Court. The civil jurisdiction hears disputes over money or property worth up to $100,000. The Industrial Division of the court deals with disputes between employees and employers. The court also has a Work Cover jurisdiction and a family violence, family law and stalking jurisdiction. During the gold rush the court, then called the Court of Petty Sessions, was a lively venue. Some of those who appeared before the magistrate used aliases, including The Whipstick Ranger, Pig Face, Three Fingered Jack and Jemmy the Oysterman.www.magistratescourt.vic.gov.au

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Children’s Court of VictoriaBendigo Law Courts, Pall MallThe Children’s Court deals with cases involving people under 18. The Family Division of the court hears cases concerning the protection and care of children, and intervention orders where young people are involved. The Criminal Division hears criminal charges against children aged 10–17, but does not deal with very serious cases such as murder and manslaughter. www.childrenscourt.vic.gov.au

Federal Magistrates Court of AustraliaBendigo Law Courts, Pall MallThe Federal Magistrates Court hears a variety of different types of cases, including less complex cases involving family law and child support, administrative law, bankruptcy, consumer protection and trade practices, human rights, migration, privacy law and copyright. www.fmc.gov.au

Court NetworkBendigo Law Courts, Pall MallCourt Network is a volunteer service providing support, information and referrals to anyone involved in a court hearing. It was started in 1980 and provides services at the Bendigo Law Courts (see page 5). The Court Network counter is located on the lower ground floor at the northern end of the Pall Mall building. If you are appearing before the courts in relation to intervention orders, Court Network volunteers can refer you to a lawyer from the Family Violence Legal Assistance Service (see page 19).www.courtnetwork.com.au

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Victorian Civil and Administrative Tribunal (VCAT)Bendigo Law Courts, Pall MallVCAT is based at 55 King Street, Melbourne, but regularly sits at the Bendigo Law Courts. VCAT deals with disputes between government bodies, private individuals or businesses, as well as human rights issues. In 2004, for example, VCAT investigated a complaint of discrimination from three teenage girls who had been prevented from playing football alongside boys. VCAT deals with almost 90,000 disputes every year, often attempting to settle problems with alternative dispute resolution techniques such as mediation. If the dispute goes to a hearing, VCAT’s decision can be appealed in the Supreme Court of Victoria. The Advocacy and Rights Centre (see page 16) and Consumer Affairs Victoria (see page 21) can help you if you are appearing before the residential tenancies and civil claims lists of VCAT.Some specialist community legal centres (see page 22), for example the Environment Defenders Office, can also help people with disputes before VCAT.www.vcat.vic.gov.au

Courts and tribunalscontinued...

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Lawyers

Law Institute of Victoria470 Bourke Street, MelbourneLegal referral service: 9607 9550The Law Institute of Victoria is the Victorian professional association for lawyers and those who work in the law. The institute’s legal referral service helps people find a lawyer. If you use the institute’s legal referral service, the first 30 minutes of your first consultation are free.www.liv.asn.au

Solicitors’ officesThere are more than 30 solicitors’ offices in Bendigo, most located in the city centre. Solicitors are lawyers who give legal help and advice to their clients on many different topics, from business advice to help defending a criminal charge. They also prepare documents, such as contracts or wills, for their clients. Victoria Legal Aid (see page 18) and the Loddon Campaspe Community Legal Centre (see page 17) also employ solicitors.

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Major Bendigo landmarksCentral Deborah Gold Mine Sacred Heart Cathedral Observation Tower Golden Dragon Museum

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Advocacy and Rights Centre 29 Queen Street, Bendigo5444 4364 or 1800 639 121 (if calling from outside Bendigo)The centre supports and represents public and community housing tenants in the Loddon Mallee region. It also helps consumers and private residential tenants who are referred by Consumer Affairs Victoria. The centre has an office in Mildura and its staff travel to Swan Hill and Echuca to help tenants and consumers. The Loddon Campaspe Community Legal Centre (see page 17) is a program of the Advocacy and Rights Centre. Seniors Rights Victoria’s Bendigo office is also located here (see page 20).www.advocacyandrights.org.au

Legal services

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Loddon Campaspe Community Legal Centre29 Queen Street, Bendigo5444 4364 or 1800 639 121 (if calling from outside Bendigo)The centre provides free legal help and advice in a range of areas including family law, consumer law, credit and debt matters, discrimination, family/domestic violence, criminal law, motor vehicle accidents, employment law, guardianship, complaints and victims of crime matters. The centre also educates local service providers, lawyers and community groups on legal issues that are important to the community.The centre provides telephone advice (Monday 1–4pm, Thursday 9.30am–12.30pm), evening advice (Wednesday 6–8pm, by appointment), and afternoon advice (Thursday 1–4pm, by appointment). Lawyers are also available by appointment in Echuca, Maryborough and Kyneton. The centre also provides legal advice to residents of the Shepparton area with the Goulburn Valley Community Legal Service pilot. The centre provides telephone advice (Monday 2–4pm, Thursday 10.30am–12.30pm), evening advice (Tuesday 6–8pm, by appointment) and face-to-face advice in Shepparton (by appointment). Contact the centre for an appointment.The centre’s migration service provides help to the region’s new arrivals. Appointments are available alternate Thursday mornings at the Bendigo office and alternate Thursday afternoons in Castlemaine.

www.communitylaw.org.au/loddoncampaspe

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Legal servicescontinued...

Victoria Legal Aid (VLA) 424 Hargreaves Street, Bendigo5448 2333 or 1800 254 500 (if calling from outside Bendigo)VLA provides legal advice and help with criminal law, family breakdown, family violence and civil law matters. VLA duty lawyers help people with criminal charges and traffic offences at the Magistrates’ Courts in Bendigo, Castlemaine, Echuca, Kerang, Kyneton, Maryborough and Swan Hill. They also help young people appearing before the Children’s Court in Bendigo.VLA provides legal advice on family law and criminal law matters, Monday to Thursday afternoons by appointment. VLA’s child support legal service, which helps people with child support payment problems is based in Melbourne, and visits Bendigo monthly. Telephone advice is available Monday–Friday 8.45am–5.15pm; phone 1800 677 402 (country callers).Lawyers from VLA’s Bendigo office also visit Castlemaine, Echuca, Kerang, Swan Hill, Malmsbury Youth Training Centre, and Loddon and Tarrengower prisons. Residents of Maryborough should contact VLA’s Ballarat office for an appointment; phone 5329 6222.www.legalaid.vic.gov.au

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Family Violence Legal Assistance Service The Family Violence Legal Assistance Service operates at the Bendigo Magistrates’ Court every Wednesday, and the Maryborough and Echuca Magistrates’ Courts on alternate Tuesdays. A lawyer provides free legal help and support to people applying for an intervention order. The service is a program of the Loddon Campaspe Community Legal Centre (see page 17).

Homeless Persons’ Legal Clinic Appointments are available at St Luke’s, 175–178 Hargreaves Street, BendigoContact for an appointment on 5440 1100The clinic provides free legal help for people who are homeless or at risk of homelessness. The clinic is a program of the Loddon Campaspe Community Legal Centre (see page 17) and the Public Interest Law Clearing House (PILCH) (see page 20).

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Seniors Rights Victoria 1300 368 821, 10am–5pm, Monday to FridayThis specialist community legal centre provides free legal advice and advocacy for older people, friends, family members and service providers concerned about the abuse or exploitation of older people.www.seniorsrights.org.au

Victorian Aboriginal Legal Service (VALS)6 Alexandra Parade, Fitzroy24 Hour Service: 9419 3888 or 1800 064 865

VALS helps Aboriginal and Torres Strait Islander people. Its solicitors specialise in criminal law, family law or civil law. VALS also has Indigenous client service officers in regional centres, who can help if you are arrested or in prison.www.vals.org.au

Public Interest Law Clearing House (PILCH)PILCH is an independent, not-for-profit legal referral service. It helps community and non-profit groups and disadvantaged or marginalised individuals get access to free legal help from the private legal profession. PILCH and the Loddon Campaspe Community Legal Centre run the Homeless Persons’ Legal Clinic in Bendigo (see page 19).www.pilch.org.au

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Consumer Affairs Victoria60 Mitchell Street, BendigoMonday to Friday 9am–5pm5444 2038 or 1300 558 181 (Consumer Affairs Helpline)Consumer Affairs Victoria helps and advises consumers and traders on renting and accommodation, estate agents, building, shopping, credit and trading in Victoria. The Bendigo office also provides survices to Castlemaine, Echuca, Kerang, Kyneton, Maryborough and Swan Hill. The Bendigo office will move in 2011 to the new Justice Service Centre (see Department of Justice page 23).www.consumer.vic.gov.au

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Community legal centres (CLCs)CLCs provide free legal help to more than 60,000 Victorians every year. CLCs focus on helping those who cannot pay for private legal help, but do not qualify for legal aid. Some centres also do research and make policy suggestions for law reform. Many CLCs are generalist services, but there are also legal centres that specialise in particular areas of law or types of client. In addition to the Loddon Campaspe Community Legal Centre, there are CLCs in Wodonga, Mildura and Ballarat. There is also a pilot legal service in Shepparton run by the Loddon Campaspe Community Legal Centre and Uniting Care Cutting Edge. For more information on all Victorian CLCs visit the Federation of Community Legal Centres’ website (below).www.communitylaw.org.au

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Government

Department of Justice 18–20 St Andrews Avenue, Bendigo The Department of Justice reforms, administers and enforces the law in Victoria. The department covers a wide range of areas, including police, public prosecutions, courts and tribunals, prisons, emergency services, victims’ services, drafting of legislation and consumer protection. The Department of Justice operates across eight regions in Victoria. The Loddon Mallee region is managed from Bendigo. A new Justice Service Centre is planned for Bendigo in 2011. The centre will accommodate Consumer Affairs Victoria, the Sheriff’s Office, Community Correctional Services and the Department of Justice. www.justice.vic.gov.au

Community Correctional Services 18–20 St Andrews Avenue, BendigoCommunity Correctional Services supervises people on parole, as well as adult offenders doing community-based orders of the courts. The proposed new Bendigo Justice Service Centre, planned to open in 2011, will accommodate Community Correctional Services.

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Governmentcontinued...

Bendigo Town Hall 189–193 Hargreaves Street, Bendigo Bendigo’s original town hall was a small timber building on View Point. Construction on the present site began in 1859, with several extensions made to the two-storey Italianate building. In 1878–86 local architect William Vahland oversaw a major redesign of the town hall. The town hall is home to the City of Greater Bendigo Council, which makes local laws to maintain order and public safety for the city. The City of Greater Bendigo’s Visitor Information Centre (phone 1800 813 153) runs tours of the town hall (subject to availability) on Wednesdays at 2pm and on Sundays at 11am (cost $2.50 per person).

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Victoria Police221 High Street, Bendigo (see cover photo).Bendigo’s first police, the Native Police, lived in tents at the former Government Camp on Camp Hill, the administrative centre of the goldfields (see page 4). Many of the Native Police were English police officers in the Irish Constabulary; these officers were much hated by the Irish miners for their corruption and brutality. Miners agitated for policing to be reformed in Bendigo and this contributed to the Victoria Police being formed in 1853. Victoria’s first Chinese detective, Fook Shing (see page 8), was a headman in the Bendigo Chinese community. www.police.vic.gov.au

Sheriff’s Office 107 Baxter Street, BendigoThe position of sheriff is one of the oldest in English law, although its role and function can differ from place to place. In Australia, the office of sheriff was first established in 1824 when the first Chief Justice of New South Wales was appointed. In Victoria, the sheriff’s office is largely responsible for collecting fines, confiscating assets and enforcing arrest warrants. They can also help people set up payment plans for overdue fines.

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Legal Services Commissioner330 Collins Street, MelbourneThe Legal Services Commissioner deals with complaints against lawyers, such as allegations of professional misconduct. It also educates lawyers and the wider community on relevant issues, such as running a law practice, complaints, costs and working with lawyers.www.lsb.vic.gov.au

Office of the Public Advocate436 Lonsdale Street, MelbourneThe Office of the Public Advocate (OPA) represents the interests of Victorian people with disabilities. It promotes their rights, aiming to strengthen their position in the community. OPA can investigate and speak out about situations where people are exploited, neglected or abused.www.publicadvocate.vic.gov.au

Victoria Law FoundationVictoria Law Foundation is an independent, not-for profit organisation. It works to inform and engage the community about law and the justice system, and works with the legal sector to improve its service to the community. The Foundation operates a grants program, publishes plain-language legal information and runs education programs for the community. It is also responsible for a variety of special projects, including coordination of Law Week.www.victorialawfoundation.org.au The Foundation is responsible for the Rural Law Online website, a guide to the law for rural Victorians.www.rurallaw.org.auThe Foundation also coordinates the Victoria Law website, where you can go to find legal information and services across Victoria.www.victorialaw.org.au

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School of Law, La Trobe UniversityLaw students can complete the first two years of their law degree at La Trobe University’s Bendigo campus before transferring to the Bundoora campus in Melbourne. The school offers two single degrees and nine double degrees, such as law/accounting, and law/international relations. Students from La Trobe’s School of Law can elect to undertake clinical legal education at the Loddon Campaspe Community Legal Centre and many help to run the centre’s Wednesday night advice service.www.latrobe.edu.au/lawman

Youth Referral and Independent Person Program (YRIPP)YRIPP is a state-wide program that helps protect the rights of young people (aged 18 or under) who are arrested and taken to a police station. Trained adult YRIPP volunteers are present if a young person is being questioned by police and a parent or guardian is not available. The YRIPP program operates in the Bendigo, Castlemaine, Maryborough, Echuca, Kyneton, Gisborne and Shepparton police stations.www.yripp.org.au

Other organisations of interest

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YouthlawYouthlaw is a state-wide specialist community legal centre, which helps people under 25. They provide free legal advice, information and education, including legal information over the phone and by email. They help young people across Victoria through online legal services and run a drop-in legal clinic each weekday afternoon at their Melbourne office. They also advocate on behalf of children and young people on justice and policy issues. They can provide information on public transport inspectors, fines, police, bouncers, alcohol and drugs, family law, domestic violence, relationships, schools, discrimination, employment law and Centrelink.www.youthlaw.asn.au

Other organisations of interestcontinued...

Have a legal problem or dispute you can’t fix yourself?A lawyer or legal service can help you find a solution.

This handy guide outlines the key agencies that provide free or low cost legal advice to Victorians. For a free copy of the guide, visit our website or telephone 9604 8100.

www.victorialaw foundation. org.au

Find out more at...

“Regional communities often have difficulty accessing information about their rights because of their location. Victoria Law Foundation’s Rural Law Online website provides invaluable legal information to our community.”Patricia MurdockExecutive Manager, Human Resources and Industrial Relations Victorian Farmers Federation

This publication was jointly produced by Victoria Law Foundation and Loddon Campaspe Community Legal Centre. These organisations are grateful to the City of Greater Bendigo’s Strategy Unit for assistance with historical research, and to Consumer Affairs Victoria (Bendigo), the Bendigo Law Courts, Victoria Police, Community Correctional Services, Victoria Legal Aid and the Sheriff’s Office for their assistance.Victoria Law Foundation is a not-for-profit, community benefit organisation providing legal information through grants, publications and education programs. The Foundation is an independent statutory body funded by the Legal Services Board Public Purpose Fund. See our website at www.victorialawfoundation.org.au This publication may be photocopied for educational purposes.© Victoria Law Foundation 2010First published 2010ISBN 978 1 876045 81 4Photos by John O’Flaherty

Disclaimer: While care has been taken to ensure the accuracy of the material contained in this publication, no responsibility can be taken for any errors or omissions. Accurate at May 2010.

Victoria Law Foundation Level 5, 43 Hardware LaneMelbourne Vic 3000 Australia DX491 Melbourne T 03 9604 8100 F 03 9602 2449 contact@victorialawfoundation.org.au